Study On The Determination Of The Crime Of Refusing To Pay Labor Remuneration

In February 25,2011,in order to strengthen the protection of the vulnerable groups in the people's livelihood,the legislature brought into the category of criminal law protection,which seriously infringed the legitimate interests of the workers.In the early stage of legislation,some criminal experts criticized the legislature's crime of arrears of wages,which seriously damaged the modesty of the criminal law.According to the general view,arrears of labor remuneration belong to the scope of civil law adjustment,and there is no need to elevate it to the height of crime.Then,the academic circles have been arguing about whether the behavior of not paying the remuneration of labor,how to make a reasonable conviction and the non crime,and how to scientifically and rationally identify the essential elements of the crime.However,the identification of the legal interests of the crime of refusing to pay for the remuneration of labor,whether it needs to have the ability to pay,the subjective purpose,the responsibility for the reduction and remission of the crime is still relatively vague,which leads to the controversy over the constitution of the crime in the judicial practice,the conviction of the crime and the punishment and the sentencing.In view of this,this paper sums up the focal point and main dispute of the identification of the crime in the judicial practice,and based on many judicial precedents,closely related to the dispute,and the innovation of the basic legal relationship,the identification of labor remuneration,the analysis of the double legal benefits,the non payment behavior pattern,the judgment of the ability to pay,the resistance and mitigation of the crime.The three stratum theory of crime is used to make a systematic and comprehensive analysis of the conformance,the substantive illegality and the responsibility of the constitutive elements of the act of refusing to pay the remunerations of labor,to provide guidance and reference for the criminal theory and judicial practice,to make the crime standard clear and accurate,to realize the punishment of the arrears,and to guarantee the criminal purpose of human rights,and to deepen the crime.Understanding promotes the application of this crime to further enhance the level of judicial cognition and practice.